Recreational Equipment Inc v. UKG Inc

Opinion

Honorable James L. Robart

UNITED STATES DISTRICT COURT AT SEATTLE RECREATIONAL EQUIPMENT, INC., a Washington corporation, No. 2:21-CV-00107-JLR

Plaintiff, STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE v. INITIAL DISCLOSURES, JOINT STATUS REPORT, AND RELATED UKG, INC., a Delaware corporation formerly DEADLINES known as THE ULTIMATE SOFTWARE GROUP, INC., NOTE ON MOTION CALENDAR: March 16, 2021 Defendant.

Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Recreational Equipment, Inc. (REI) and Defendant UKG, Inc., f/k/a The Ultimate Software Group, Inc. (UKG), by and through their attorneys of record, hereby submit this Stipulated Motion and [Proposed] Order to Extend the Deadline to File Initial Disclosures, Joint Status Report, and Related Deadlines by four weeks to facilitate the Parties’ efforts to resolve this case via mediation, which is currently scheduled for April 8, 2021.

FILE INITIAL DISCLOSURES, JOINT STATUS REPORT The Parties have met and conferred, and submit this Stipulated Motion in good faith. Good cause exists to grant the Parties’ request as set forth below. DISCUSSION By its Order regarding Initial Scheduling Dates, the Court set the deadline for the Parties to complete a FRCP 26(f) Conference for March 18, 2021, and also established the deadline for Initial Disclosures for April 1, 2021, and a Combined Joint Status Report and Discovery Plan for April 8, 2021. Dkt. 16.1 Prior to the Court’s Order, the Parties agreed to schedule a mediation in this case in order to resolve the dispute in lieu of trial. Mediation is scheduled to take place on April 8, 2021, and the Parties are diligently preparing to make the mediation successful. Pursuant to Fed. R. Civ. P. 16(b)(4), case management deadlines established by the Court “may be modified only for good cause and with the judge’s consent.” Rule 16(b)’s “good cause” standard primarily considers the diligence of the party seeking the modification. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992). Here, the Parties are actively preparing for mediation and agree that a short continuance of four weeks for each of the initial scheduling dates will best allow these efforts to continue. Should the mediation prove unsuccessful, the parties do not anticipate needing any further continuances beyond the current request. Accordingly, the Parties respectfully request that the Court approve this Stipulated Motion and agree to continue the deadline for the FRCP 26(f) conference, Initial Disclosures, and Combined Joint Status Report as follows:

1 The Court’s Order states that requests for extension of the initial scheduling deadlines should be made by telephone to the Courtroom Deputy. Counsel for REI contacted the Court on March 10, 2021, and was directed to file a stipulated motion with the Parties’ request.

FILE INITIAL DISCLOSURES, JOINT STATUS REPORT Filing New Date Prior Date FRCP 26(f) Conference 4/15/2021 3/18/2021 Initial Disclosures Pursuant to FCRP26(a)(1) 4/29/2021 4/1/2021 Combined Joint Status Report and Discovery Plan as 5/6/2021 4/8/2021 Required by FCRP 26(f) and Local Civil Rule 26(f) STIPULATED TO this 16th day of March, 2021. PACIFICA LAW GROUP LLP LEWIS BRISBOIS BISGAARD & SMITH LLP By s/ Nicholas W. Brown By s/ Benjamin J. Stone Nicholas W. Brown, WSBA #33586 Benjamin J. Stone, WSBA #33436 Kai A. Smith, WSBA #54749 Craig Holden, pro hac vice Attorneys for Plaintiff Attorneys for Defendant Recreational Equipment, Inc. UKG, Inc. f/k/a The Ultimate Software Group ORDER IT IS HEREBY ORDERED that this Stipulated Motion to continue the deadlines in the Initial Scheduling Order (Dkt. 19) is GRANTED. The new dates for the initial disclosure and submission of the Joint Status Report and Discovery Plan in as follows: Filing New Date Prior Date FRCP 26(f) Conference 4/15/2021 3/18/2021 Initial Disclosures Pursuant to FCRP26(a)(1) 4/29/2021 4/1/2021 Combined Joint Status Report and Discovery Plan as 5/6/2021 4/8/2021 Required by FCRP 26(f) and Local Civil Rule 26(f) FILE INITIAL DISCLOSURES, JOINT STATUS REPORT DATED this 18th day of March, 2021. A Honorable James L. Robart United States District Judge FILE INITIAL DISCLOSURES, JOINT STATUS REPORT